Maine Revised Statutes Title 15 Sec. 321 – Protective orders in crimes between family members
Current as of: 2023 | Check for updates
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1. Definition. For purposes of this section, “family or household members” means spouses or domestic partners or former spouses or former domestic partners, individuals presently or formerly living as spouses, natural parents of the same child, adult household members related by consanguinity or affinity or minor children of any household member when the offender is an adult household member. Holding oneself out to be a spouse is not necessary to constitute “living as spouses.”
[PL 2021, c. 567, §7 (AMD).]
Attorney's Note
Under the Maine Revised Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class D crime | up to 1 year | up to $2,000 |
Terms Used In Maine Revised Statutes Title 15 Sec. 321
- Adult: means a person who has attained the age of 18 years. See Maine Revised Statutes Title 1 Sec. 72
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Arrest: Taking physical custody of a person by lawful authority.
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
- United States: includes territories and the District of Columbia. See Maine Revised Statutes Title 1 Sec. 72
2. Grounds for order. The court may issue a protective order if:
A. A person is charged with or convicted of a violation of Title 17?A, section 201, 202, 203, 204, 207, 207?A, 208, 208?A, 208?B, 208?C, 208?D, 208?E, 208?F, 209, 209?A, 210, 210?A, 210?B, 210?C, 211, 253, 301, 302, 303, 506?A or 556; [PL 2023, c. 405, Pt. A, §32 (AMD).]
B. The offender and the victim are family or household members; and [PL 1983, c. 619 (NEW).]
C. The court finds that there is a likelihood that the offender may injure the health or safety of the victim in the future. [PL 1983, c. 619 (NEW).]
[PL 2023, c. 405, Pt. A, §32 (AMD).]
3. Scope of order. A protective order may be a condition of release. It may require the offender:
A. To stay away from the home, school, business or place of employment of the victim; [PL 1983, c. 619 (NEW).]
B. Not to visit, or to visit only at certain times or under certain conditions, a child residing with the victim; or [PL 1983, c. 619 (NEW).]
C. Not to do specific acts which the court finds may harass, torment or threaten the victim. [PL 1983, c. 619 (NEW).]
[PL 1983, c. 619 (NEW).]
4. Issuance of order. The clerk may issue, without fee, a copy of a protective order, amendment or revocation to the offender, the victim and to the law enforcement agencies most likely to enforce it as determined by the court.
[PL 1989, c. 372, §1 (AMD).]
5. Appeal. A court decision may be appealed as provided by the Maine Rules of Civil Procedure.
[PL 1983, c. 619 (NEW).]
6. Penalty. Violation of a protective order or of any similar order issued by any court of the United States or of any other state, territory, commonwealth or tribe, when the person has prior actual notice of the order, is a Class D crime. Notwithstanding any statutory provision to the contrary, an arrest for violation of a protective order may be without warrant upon probable cause whether or not the violation is committed in the presence of the law enforcement officer. The law enforcement officer may verify, if necessary, the existence of a protective order by telephone or radio communication with a law enforcement agency with knowledge of the order.
[PL 1995, c. 469, §2 (AMD).]
SECTION HISTORY
PL 1983, c. 619 (NEW). PL 1989, c. 372, §1 (AMD). PL 1995, c. 469, §§1,2 (AMD). PL 2003, c. 672, §1 (AMD). PL 2017, c. 402, Pt. C, §31 (AMD). PL 2017, c. 402, Pt. F, §1 (AFF). PL 2019, c. 417, Pt. B, §14 (AFF). PL 2021, c. 567, §7 (AMD). PL 2023, c. 405, Pt. A, §32 (AMD).